Lawyers back New Bar Course, say it will raise standards

The mandatory six-month New Bar Course (NBC), set to be introduced in 2028, will help ensure aspiring lawyers meet the required competency and professional standards before beginning pupillage, according to two senior lawyers.

They pointed out that under the current system, candidates may choose to sit for the Certificate in Legal Practice (CLP) examination after attending preparatory courses or through self-study.

The lawyers said the annual examiners’ reports have consistently highlighted a lack of preparation, poor comprehension of examination questions and limited practical exposure among candidates, shortcomings that the NBC seeks to address.

Former Bar Council president Salim Bashir welcomed the proposed reform, saying a structured professional training programme could improve CLP pass rates without lowering the standards required for admission to the legal profession.

“The NBC will provide the practical assessments, syllabus and training needed to meet the legal profession’s current demands.

“The NBC’s emphasis will not be on rigorous examinations.

“Rather the focus is on development of critical skills relating to advocacy, procedures in civil and criminal cases, corporate law, mediation, drafting and other essential skills needed in the profession,” he told FMT.

Salim said the current CLP framework, which does not require candidates to attend preparatory courses, has proven inadequate, as reflected in pass rates that have remained consistently low at between 19% and 23% over the past few years.

Deputy law minister M Kulasegaran recently told Parliament that under the NBC, candidates will be required to attend a six-month legal practice post-graduate certificate (LPPC) course offered by institutions accredited by the Legal Profession Qualifying Board (LPQB) before they are allowed to sit for an examination.

However, holders of non-qualifying law degrees from LPQB-recognised foreign institutions would first be required to complete a three-month conversion course through self-study using an online learning platform to be developed by the board.

Bar Council member Kokila Vaani Vadiveloo said the report from the CLP examiners had identified weaknesses in candidates’ ability to identify legal issues, apply legal principles to facts and support their answers with relevant statutory provisions and case laws.

“Practical training is the most valuable aspect of the proposed reform. Passing a written examination does not necessarily mean that a person is ready to practise law.

“For example, a newly qualified lawyer may understand the legal principles governing an injunction but still struggle to prepare an affidavit, identify procedural requirements, advise a client on the risks involved or present the application effectively in court.”

The former Selangor Bar chairman said a compulsory course would address these weaknesses through structured instruction, regular assessments, mock examinations and personalised feedback.

Kokila said the objective is to help more candidates meet the required standard, rather than lower the standard to produce more passes.

A candidate who relies solely on rote learning may struggle to perform these tasks even if they have acquired substantial theoretical knowledge, said Kokila.

She also said the conversion course and the mandatory LPPC would address the underlying causes of failure.

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